Oriane Cohen
Prior to the reform introduced by the Order of 10 February 2016, the balance of French law was based on the coexistence of a general theory of contract inspired by the liberal law and more protective special regimes. The latter were conceived and can be read in the light of the Civil Code, which they never supersede. The drafters of the 1804 Civil Code had faith in freedom of contract, which they saw as highly beneficial. Today’s legislators are more wary of it, bearing in mind that it can become an instrument of economic domination. In today’s society, transparency and the protection of weaker parties are the watchwords, so much so that freedom of contract is often limited in the name of contractual justice. This is the case in the Order of 10 February 2016. However, and this is a fundamental paradox, the ordinance also seeks a certain efficiency in the rules of law available to those involved in economic life. By attempting to reconcile these two interests, the Order of 10 February 2016 makes property law fairer in some respects and more efficient in others.
